| Pereira v J.P. Morgan Chase Bank, N.A. |
| 2018 NY Slip Op 02008 [159 AD3d 566] |
| March 22, 2018 |
| Appellate Division, First Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| Anthony Pereira et al., Plaintiffs, v J.P. Morgan Chase Bank, N.A., et al., Appellants/Third-Party Plaintiffs-Appellants, and All Counties Snow Removal Corp., Respondent/Third-Party Plaintiff-Respondent, et al., Defendant. Rigged Rite, Inc., Third-Party Defendant. |
White Fleischner & Fino, LLP, New York (Alisa Dultz of counsel), for appellants.
Westermann Sheehy Keenan Samaan & Aydelott, LLP, Uniondale (Michael F. McGowan of counsel), for respondent.
Order, Supreme Court, New York County (Robert D. Kalish, J.) entered March 29, 2017, which, to the extent appealed from as limited by the briefs, denied defendants/third-party plaintiffs J.P. Morgan Chase Bank, N.A. and J.P. Morgan Chase & Co.'s (Chase) motion for summary judgment on their cross claim for contractual indemnification against codefendant/third-party plaintiff All Counties Snow Removal, unanimously affirmed, without costs.
The motion court correctly determined that the language of the indemnification provision [*2]of these parties' contract was ambiguous. Therefore, Chase failed to establish its prima facie entitlement to summary judgment on the issue of contractual indemnification (see e.g. Paz v Singer Co., 151 AD2d 234 [1st Dept 1989]). Concur—Tom, J.P., Webber, Oing, Moulton, JJ. [Prior Case History: 2017 NY Slip Op 30597(U).]